Visa Lawyer Blog

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The UAE’s Ministry of Labor announced plans to use online filing system to speed up the application process for work permits across the country.

In the existing system, a representative from the company must go to the ministry’s physical location to apply for a work permit, a process that unnecessarily consumes time. The new system, on the other hand, will enable applicants to submit all documents electronically. Moreover, companies will be able to process the work permits through a software that they can buy, or use at selected service centers.

Humaid bin Deemas, the executive director for Labour Affairs at the ministry, said we want to make sure that procedures will not form obstacles for any future changes in the criteria for the work permit and this move will work towards that end. It will also enable the ministry to concentrate more on formulating policies rather than spending time on mere procedures.

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On August 18, 2010 we were the first to report the new trend coming from some local Immigration offices, mainly San Diego, regarding Visa Waiver overstay Issues. To recap a recent internal Memo from San Diego stated the following:

” To all Adjudicators effective immediately, any immigrants that have entered to the US under the Visa Waiver program and failed to file for adjustment of Status before the expiration of the 90 days authorized stay, MUST BE denied at the time of the interview.” The email was not very long but that was the general idea.

I could never imagine that they will follow through with denials of Visa Waiver overstay cases, but our first denial came in on Friday. See below the complete decision. The decision is written poorly, stating a partially true legal fact. The fact that when one overstays the Visa Waivers they can not adjust or seek hearing before a judge, UNLESS they are a beneficiary of an immediate relative petition. The USCIS failed to mention this exception in the denial as you can see below. So what will be the future of Visa Waiver adjustments, that still remains to be seen. We are in the process of filing a motion to re open and will keep our readers posted.

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As a service to our readers we publish local ceremony dates. If USCIS approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States. USCIS will notify you by mail of the time and date of your ceremony.

The notice USCIS sends you is called the “Notice of Naturalization Oath Ceremony” (Form N-445). In some cases, USCIS may give you the option to take the Oath on the same day as your interview. If you decide to take a “same day” oath, USCIS will ask you to come back to the office later that day. At this time, you will take the Oath and receive your Certificate of Naturalization.

If you cannot go to the oath ceremony, you should return the “Notice of Naturalization Oath Ceremony” (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new “Notice of Naturalization Oath Ceremony” (Form N-445) to tell you when your ceremony will be.

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The DREAM Act could be offered as an amendment to the Defense Authorization bill being considered in the Senate next week. In a blog entry earlier this afternoon, Senate Majority Leader Harry Reid (D-NV) announced his intention to include the DREAM Act in the major defense bill scheduled for floor action next week. The version of the Defense Authorization bill that passed the House of Representatives in late May did not include the DREAM Act provision. If the Senate passes their version of the defense bill with the DREAM Act intact, it will still need to survive the conference committee reconciliation and then come back before each chamber for a final vote.

The DREAM Act, which has some bipartisan support, would allow young illegal immigrants who came to the U.S. before age 16, and have been here for at least five years, to earn legal status if they pass background checks, attend college or serve in the military for at least two years.

A version of the measure was first introduced in 2001 and was drafted to address the situation of children and teenage immigrants who were brought to the U.S. illegally by their parents and have only known the U.S. as home. Many have no family or ties to their countries of birth.

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The U.S. Department of State has recently announced that the online registration period for the Diversity Visa Lottery Program for Fiscal Year 2012 (DV-2012) will be from October 5, 2010 until November 3, 2010.

The official online application form is available only on the Department of State Diversity Visa online entry website at www.dvlottery.state.gov, which will be accessible on the first day of the registration period. The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. For DV-2012, no countries have been added or removed from the previous year’s list of eligible countries.

If you are chosen as a lottery winner, an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.

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Good News for Our Citizenship clients. More than 9,000 candidates will become new citizens during 63 special ceremonies hosted by U.S. Citizenship and Immigration Services (USCIS) in recognition of Constitution Day and Citizenship Day on Sept. 17. As part of this celebration, USCIS is partnering with the National Park Service (NPS) to hold naturalization ceremonies at 22

national park sites across the country Sept. 13-24 under the theme, “Embrace Citizenship –

Experience America Through Your National Parks.”

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O-1 Status is a non-immigrant status category for aliens of extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. The O-1 visa is also available to those in motion pictures and television, and related visas are available to those who support the O-1 visa holder for their events and activities. The O-1 visa is a great way for foreign artists and entertainers to bring their talents to the United States. This is an employment related status that allows qualified aliens to live and work in the United States.

O-1 visas are valid for up to three (3) years. They may be extended in one-year increments for ongoing projects, and in some cases open the door to lawful permanent residency for the foreign national. Applicants for O-1 visas must demonstrate that they possess extraordinary ability in the arts, sciences, business, education, athletics, or the motion picture or television industry. The applicant must show that s/he has achieved sustained or international acclaim and an extraordinary record of achievement. The applicant must demonstrate that s/he is coming to the United States to perform temporary services for an event or series of events.In some cases the O-1 petition must be filed by multiple future employers;and it can be filed by a foreign employer through a US agent. O-1 applicants may not self-petition.

Evidence for O-1 Visa Petitions:

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The Department of State released the new visa bulletin for October 2010 on September 9, 2010.

For the month of October, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward 14 days for Chinese nationals (from May 8, 2006 to May 22, 2006), and remained unchanged for Indian nationals (May 8, 2006). In the EB-3 category, the cut-off dates moved forward from October 22, 2003 to November 8, 2003 and from January 1, 2002 to January 15, 2002 for Chinese and Indian nationals respectively.

For the month of September, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward more than two months for both Chinese nationals (from March 1, 2006 to May 8, 2006) and Indian nationals (from March 1, 2006 to May 8, 2006). In the EB-3 category, the cut-off dates moved forward from September 22, 2003 to October 22, 2003 for Chinese nationals while the cut-off dates stayed the same as they were in August for Indian nationals (January 1, 2002).

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According to TRAC, Justice Department data show that Immigration Judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century.

Twenty five years ago, in FY 1986, almost nine out of ten (89%) of the asylum requests in the Immigration Courts were denied. While the annual rates have gone up and down during the ensuing years, only half (50%) of the requests were denied during the first nine months of FY 2010 — a record low.

One factor contributing to the improved success of the asylum seekers is that a higher proportion of the total are represented by counsel. It must be noted, however, that the number of those seeking asylum in court proceedings has fallen.

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